Lake Macquarie City Council v Australian Native Landscapes Pty Limited (No 4) [2016] NSWLEC 90

Land and Environment Court New South Wales

Medium Neutral Citation: Lake Macquarie City Council v Australian Native Landscapes Pty Limited (No 4) [2016] NSWLEC 90 Hearing dates: 21 July 2016 Date of orders: 21 July 2016 Decision date: 21 July 2016 Jurisdiction: Class 4 Before: Sheahan J Decision: Stay in Order 8 of 11 November 2015 extended from 31 July 2016 to 14 October 2016. Catchwords: PRACTICE AND PROCEDURE: application to extend a stay on orders made by the Court – limited extension granted – costs. Legislation Cited: Native Vegetation Act 2003 Protection of the Environment Operations Act 1997 Cases Cited: Lake Macquarie City Council v Australian Native Landscapes Pty Limited (No 2) [2015] NSWLEC 114 Warringah Shire Council v Sedevcic (1987) 10 NSWLR 335 Category: Principal judgment Parties: Lake Macquarie City Council (Applicant) Australian Native Landscapes Pty Limited (Respondent) Representation: Counsel: Mr T To, barrister (Applicant) Dr S Berveling, barrister (Respondent)

Solicitors: Moray & Agnew Newcastle (Applicant) McCabes Lawyers (Respondent) File Number(s): 2016/213622

EXTEMPORE Judgment

Introduction 1. Australian Native Landscapes Pty Limited ("ANL") asks the Court to extend to 31 December 2016, from 31 July 2016, a stay placed on some orders made in this matter in 2015. 2. Council opposes the motion, which, for reasons not explained to the Court, was not filed by ANL until 12 July 2016. 3. The substantive civil enforcement proceedings were heard by Biscoe J over 13 hearing days in May and June 2015, and His Honour published a very comprehensive judgment on 17 July 2015: Lake Macquarie City Council v Australian Native Landscapes Pty Limited (No 2) [2015] NSWLEC 114. 4. The case concerned a large and fairly longstanding rural composting facility at Cooranbong, said to employ 36 persons. 5. Council alleged unlawful use, works and operations, a history of resident complaints about odour and dust, breaches of the Native Vegetation Act 2003 ("NV Act"), and breaches of the Protection of the Environment Operations Act 1997 ("POEO Act"). 6. ANL resisted any grant of relief, and fought the case strenuously, but Council envisaged that, if orders were made in its favour, they could be stayed for a period of six months.